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FORTE v. CITIES SERV. OIL CO.

195 A.D.2d 805 (1993)

600 N.Y.S.2d 367

Anthony Forte et al., Respondents, v. Cities Service Oil Company, Appellant, et al., Defendant

Appellate Division of the Supreme Court of the State of New York, Third Department.

July 15, 1993

Mikoll, J. P.

The issue on this appeal is whether Supreme Court had jurisdiction to grant plaintiffs' partial summary judgment motion when plaintiffs failed to serve a necessary party, defendant SOS Oil Company (hereinafter SOS), with the motion. This litigation stems from oil leakage that allegedly occurred from 1969 through 1973 at two oil storage facilities in Sullivan County that were separately owned by defendant Cities Service Oil Company (hereinafter...

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